SRC-TAG S.B. 742 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 742
78R5268 KCR-DBy: Estes
Criminal Justice
3/31/2003
As Filed


DIGEST AND PURPOSE 

Current law lacks any provision to address effectively "failure to
identify," which includes giving fictitious information or another
person's information.  This type of  identity theft can result in criminal
offense appearing on an innocent person's record as well as the arrest of
an innocent person.  As proposed, S.B. 742 increases the punishment for
giving false information to a law enforcement authority in effort to evade
the law.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 38.02(c) and (d), Penal Code, as follows:

(c)  Provides that, except as provided by Subsection (d), an offense under
this section is a Class C misdemeanor if the offense is committed under
Subsection (a) or a Class B misdemeanor if the offense is committed under
Subsection (b). 
 
(d)  Provides that if it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time of the
offense, the offense is a Class B misdemeanor if the offense is committed
under Subsection (a) or a Class A misdemeanor if the offense is committed
under Subsection (b). 

SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act prospective.